Oral Arguments in the D.C. NLRB Poster case is scheduled for
September 11, 2012
This month oral arguments in the NLRB poster requirement will begin. Originally the NLRB rule would have required most private sector employers to post a notice advising employees of their rights under the National Labor Relations Act (NLRA). This notice was to be posted in a conspicuous place, where notification of workplace rights and employer rules and policies were posted no later than April 30, 2012.
However, the DC Circuit Court of Appeals temporarily enjoined the NLRB’s rule until the appeal could be heard. Oral arguments are scheduled to be heard on September 11, 2012. So hopefully we’ll hear something soon regarding the final disposition of this rule.
The argument being presented is that the NLRB went to far when it issued a rule that made an employers’ failure to post a notice about the NLRA rights an automatic violation of the law. A judge in South Carolina ruled that the board did not have sufficient authority to issue the rule (Chamber of Commerce v. NLRB, D.S.C., No. 11-cv-2516-DCN).
The argument from the other side was presented on July 5, 2012 when the AFL-CIO, Change to Win and a retired law professor filed a friend-of-the-court brief with the U.S. Court of Appeals for the District of Columbia. In this brief they allege that the notice is dual purpose in that it not only advises employees of their rights, but also ensures that employers are also aware of the employees’ rights so as to avoid any type of retaliation.
As of yet, there has been no final decision on this new posting requirement but employers should be aware that although it currently is not required, it still could become law in the near future. Should this happen, the NLRB Website provides a notice for employers to use. There is more than one size and there are also multi-lingual copies available for download.